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SUB1999-00004 Decision - EAGLES VIEW SUBDIVISION
NOTICE C3F T"YK"E 11 DECISION "URBAN SERVICE A;RE,A*' ? SUBDIVISION 19!99-00044 CITY OFTIGARD (SUB) Community 0eve!oprr:ent EAGLES VIEW SUBDIVISION sGnping q Better Community 120 DAYS = 11/17199 SECTION t APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: EAGLES VIEW SUBDIVISION CASE NOs.: Subdivision SUB 999900004 Variance VAR 1999-00014 Variance VAR 1999-00017 Sensitive Lands Review SLR 1999-00007 PROPOSAL: The applicant has requested preliminary plat approval to divide a 25-acre parcel into 123 lots. The applicant has also requestedd Sensitive Lands Review approval for construction on stee slopes and Variances to the maximum grade standards for public streets and to the rear yard setback for four (4) of the proposed Lots. APPLICANT: Venture Properties, Inc. 5000 SW Meadows Road, Suite #151 Lake Oswego, OR 97035 OWNERS: John C. and Laura P. Baggenstos, Trustee Beverly J. Epeneter, Trustee Anna L. Rained, Trustee 2414 NE Holman Street Portland, OR 97211 COMPREHENSIVE PLAN & ZONING DESIGNATIONS: Medium Density Residential, R-7. LOCATION; The project site is located on SW Bull Mountain Road, south of SW Bull Mountain Road and north of SW Beef Bend Road. The site is known as the Baggenstos property and is bisected by the Bonneville Power Administration right-of-way, The site abuts the southern terminus of SW 141st Avenue and the northern termini of SW Woodhue Street, SW Barrington Terrace and SW Colyer Way, WCTM 2S109CB, Tax Lot 00300. APPLICABLE Communit Development Code Chapters 18.430, 18,370, 18.390, '18.510, 18.705, REVIEW 18.730, 18.745, 18,765, 18.775, 18.780, 18.790, 18.795 and 18.810; the Bull CRITERIA: Mountain Community Plan (Washington County); and Washington County Community Development Code Section 422. SECTION 11. DECISION Notice, is hereby given that the City of Tigard Community Development Director's designee has RPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV of this Decision. NOTICE OF DECISION - "URBAN SERVICE AREA" PAGE 1 OF 28 SUB 1999-00004NAR 1999-000014NAR 1999-0000171SLR 1999-00007 EAGLES VIEW SUBDIVISION CONDITIONS OF APPROVAL PRIOR TO COMMENCING ANY ON-SITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION, AND/OR FILL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Submit to the Engineering Department (Brian Rager, 639-4179, ext. 398) for review and approval:. 1. Prior to commencing on-site improvements, a public improvement permit and compliance agreement is required for this project. Seven (7) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. NOTE: theso plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards which are available at City Hall and the City's web page (www.ci.tigard.or.us). 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the exact legal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one i required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also, specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 3. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the- adjoining residential public stree Construction vehicles include the vehicles of any contractor or subcontractor involved in ffto construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 4. The construction plans shall indicate that a left turn lane with storage of at least 7 feet will be provided on SW Bull Mountain Road at SW 141st Avenue. The plans shall also indicate that the vegetation within the SW Boil Mountain Road right-cif-way that presently inhibits sight distance to the east, will, be removed as a part of the left turn lane work. 5. The construction plans shall indicate that the applicant will provide an asphalt concrete overlay on SW 141" Avenue, from SW Bull Mountain Road to the north boundary of this site. The overlay design shall be reviewed and approved by the City Engineer prior to construction. 6. The construction plans shall indicate that "No Parking" signs will be placed by the applicant along one side of the portion of SW Tewkesbury Drive where the paved width is 28 feet. 7. The applicant shall submit evidence that they have obtained the necessary right-of-way from the Bonneville Power Administration (PA) and Portland General Electric (PGE) for the new public streets shown across those lands. 8. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, sto drainage, streetlights, and underground utilities shall be installed within the interior subdivisiu, streets. Improvements shall be designed and constructed to local street standards. NOTICE of DECISION - "URBAN SERVICE AREA" PAGE 2 OF 28 SUB 1999-00004NAR 1999-000014,'VAR 1999-000017/SLR 1999-00007 EAGLES VIEW SUBDIVISION 9. The pavement and rock section of the proposed private street shall moot the City's public street standard for a local residential street. i. Any extension' of public water lines shall be shown on the proposed public improvement construction drawings and shall be reviewed and approved by the City's Water Department, as a part o the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the City of Tigard (COT) Water Department prior to approval of the public improvement plans from the Engineering Department and construction of public water lines. 11. The applicant shall comply with the conditions listed in the letter from Unified Sewerage Agency (USA), dated August 12, 1999, concerning the sanitary and storm sewer system. 12. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans Technical Guidance Handbook, February 1994." 13. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of the lots, and show that they will be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soil report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code (UBC). 14. The applicant shall provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report shall be incorporated into the final grading' plan. A final construction supervision report shall be filed with the Engineering Department prior to issuance of building permits. 15. The applicant shall obtain a 1290-C General _Permit issued by the City of Tigard pursuant to Oregon Revised Statutes (ORS) 468.740 and the Federal Clean Water Act. 1. The design engineer shall indicate, on the grading plan, which lots will have natural slopes between 10% and 0%, as well as, lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. Submit to the Planning Division (Julia Hajduk, 639-4171, ext. 407) for review and approval: 17. If the applicant wishes to develop the subdivision in phases, a detailed phasing plan must be submitted for review and approval by the Planning Division. 18. The applicant shall ensure that tree protection fencing and signage is installed under the direction of the project arborist at the outer edge of the drip line of the protected tree grave as described in the Tree Removal and Protection Plan. Tree protection measures shalf be field inspected and approved by the City aErborist prior to release of a site permit. 19. The applicant shall submit a revised tree survey that identifies all trees over 6-inches diameter at breast height (dbh) within 25 feet of the west property line and proposes protection measures for any such trees for the construction At of the subdivision. The applicant snail also submit a revised tree protection area plan that includes the protected trees on Lot 473. Preserved trees shall be protected with a conservation easement or other recorded instrument, a copy of which must be reviewed and approved by the City prior to the final plat approval. THE FOLLOWING CONDITIONS OF APPROVAL MUST BE MET PRIOR TO APPROVAL OF THE FINAL PLAT: t NQTICE {7!= DECIS,ION - "U1~BAN SEitvlG>; AREA" r'A::E 3 C)F 25 SUB 1999-00004/VAR 1999-0000141VAR 1990-000017/S1.R 1~9? 00007 EAGLES VIEW SUBDIVISf7N Submit to the Planning Division (Julia Hajduk, 639-4171, ext. 407) for review and approval: 20. Preserved trees shall be protected with a conservation easement of other recorded instrument, a copy of which must be reviewed and approved by the City prior to final plat approval. Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 21. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of $3,690. 22. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners who abut and take access from it. 23. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street. The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street. The applicant shall submit a copy of the CC&R's to the Engineering Department (Brian Rager) prior to approval of the final plat. 24. Final Plat Application Submission Requirements: A. Submit for City review three paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative; B. The final plat and data or narrative shall be drawn to the minimum standards set forth " the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigar+... C. NOTE: Washington County will not begin their review of the final plat until they receive a letter from the City Engineering Department indicating: 1) that the City has reviewed the final plat and submitted comments to the applicant's surveyor, and 2) that the applicant has either completed any public improvements associated with the project, or has at least obtained the necessary public improvement permit from the City to complete the work; and D. Once the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer's signature. THE FOLLOWING CONDITIONS-SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 25. The applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision/partition plat. 26. Prior to issuance of any building permits within the subdivision, the public improvements shall be deemed substantially complete by the City Engineer. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all local residential streets have at least one lift of asphalt, 3) any off-site street and/or utility improvements are completely finished, and 4) all street lights are installed and ready to be energized. IN ADDITION, THE. APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE-'THIS 1S NOT AN EXCLUSIVE LIST: NOTICE OF DECISION - "URBAN SERVICE AREA" PAGE 4 OF 28 SUB 1999.00004/VAR 1999-0000141VAR 1999-000017/SLR 1999-00007 EAGLES VIEW SUBDIVISION j 18.430.080 lmr)rovement Agreement: Before City a proval is certified on the final plat, and before approved construction plans are issued by the City, the subdivider shall: Execute and file an agreement with the City Engineer s ecifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond; As required by Section 18.430.080, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State cif Oregon; 2. A surety band executed b a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. '9.430.100 Filing and Recordina: , ithin 60 da of the City review and approval, the applicant shall submit the final plat to the County for signatures ovCounty officials as required by ORS Chapter 92. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: Three copies of the subdivision plat prepared by a and surveyor licensed to practice in Oregon, and necessary data or narrative. The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerlino Monumentation fn ccordance with Oregon Revised Statutes 92.064, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set; 1. All centerline-centerline intersection points; . All cul-de-sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Ionument Boxes Required .,onument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. NOTICE OF DECISION - "URBAN SERVICE AREA" PAGE 5 OF 28 SUB 1999-00004NAR 1999-000014AJAR 1999-000017/SLR 1999-00007 EAGLES VIEW SUBDIVISION 18.810 Street & Utility Improvement Standards: 18.810.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting and car' television services and related facilities shall be placed under c~ round, except for surface-moon, transformers, surface-mounted connection boxes, and meter cabinets which may be placed above gground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Band ire aired All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a per'iad of one-year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or band shall comply with the terms and conditions of Section 18.810.180. 18.810.150 !installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to Cit Re aired Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810200 Engineer's Certification The land divider's engineer shall provide written certification of a farm provided by the City that all improvements, workmanship and materials are in accord with current and standard engineerin and construction practices, and are of high grade, prior to the City acceptance of the., subdiv€slo° improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION 111. BACKGROUND INFORMATION Site Historv: City records do not indicate any previous development approvals for this property. Vicinit Information: The site is located on the south slope of Bull Mountain: The area is characterized b established low- density residential development and newer, low to medium density residential subdivisions. The site is served by four existing street stubs, which would provide local street connections for the proposed development to three Major Collector streets - SW Bull Mountain Road, 150 Avenue and SW Beef Bend Road. Site Information and PrODosal Descrition: The site is approximately 25 acres in- size and is bisected by a tract of land owned by the Bonneville Power Administration (&A). Abutting the BPA tract and running parallel to it is a similar sized casement in favor of Portland General (PGE). Both the BPA tract and PGF easements are occupled by overhead powerlines so that, in combination, these utilities form an unbuildable piece of land approximately 225 feet wide running northwest to southeast across the parcel. The topography of the site slopes moderately to the south with steeper westward slopes toward the west property line. These steeper slopes are associated with a natural drainage way that crosses the northwest comer of the site and flows through an adjacent open space tract associated with t' neiQhborin Hawks Midge subdivision. This dramac~e way and the associated wooded slopes L, designated as a significant water area/wildlife habitat area on the Washington County Bull Mountain Community Plan. The applicant proposes to preserve an Open Space tract in the northwest corner of the property. NOTICE OF DECISION - "URBANE SERVICE AREA" PACE 6 OF 28 SUB 1999-00004NAR 1999-000014NAR 1999-000017/SLR 1999-00007 EAGLES VIEW SUBDIVISION The proposal, to be known as Eats View Subdivision proposes 120 residential lots for single-family homes. As noted above, the ap licant proposes to preserve a 0.$-acre natural area in the northwest corner of the site. Also, the sir division pro osal includes development of a 4.11-acre park within portions of the unbui dale BPA tract and PE easement. Proposed lots range in size from 4,700 iuare feet to 11,24 square feet and average about 5,076 sgcare feet. The applicant proposes to construct a network of local residential streets to serve the subdivision lots. All o these public streets are proposed with a 46-foot right-of-way and 32 feet of pavement plus curbs, gutters and 5-foot curb- tight sidewalks. The applicant may, however, wish to reduce the width of a portion of SW Tewkesbury drive to provide additional clearance from the existing BPA power poles. Five private driveways are proposed to serve lots that do not directly abut a public street. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINQING; Impact Study: Section 18.390.050 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. The study shall address, at a minimum, the transportation system including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize,, the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interest,the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.390.050 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adapt findin s which support the conclusion that the interest in real property to be transferred is rough . proportional to the impact the proposed. development will have on the public. .ie following services are available or will be constructed to serve the proposed subdivision: Sanitary hewer, Storm Sewer, Water, Local Streets, Police and Fire Protection, Schools, Electricity, Natural Gas, Telephone and Cable Television service. The various service The responded to the applicant's.request for comments indicating necessary improvements. The application incorporates necessa im rovements to insure the development is adeqquate] served. The ap licant's propposal includes a Traffic Impact Study that addressed whether off-site Improvements to the tt[ansportation system are warranted. The study recommends provision of a left-turn lane at SW 141 Avenue/Bull Mountain Road. Any required street improvements to certain collector or hi her volume streets.and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Bo Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 3 percent of the trafl1( impact of new development on the Collector and Arterial Street system. Presently, the TIF for each trip that is generated i $201. A single-family residence is assessed at 10 daily trips, for a total TIF of $2,010 per dwelling. Based on these numbers, a 120-lot subdivision such as Eagles View Subdivision would be assessed with a total Traffic Impact Fee of $241,200 (120 x $2,010) and the total estimated value of the actual traffic impact of the development would be $763,750 ($241,200 32%). Therefore, the total unmitigated traffic impact would be valued at $512,500 ($753,750 - $241,200). Internal streets within subdivisions are necessary to provide access to the lots; in other words, the need for the streets is created by the subdivision. Therefore, the value of that portion of the site dedicated as ri ht-of-way for internal streets and the cost of constructing the streets is necessarily roportional to the impact of the development. However, in order for the City to require provision of a eft turn lane, or any other off-site improvements, as a condition of approval, a rational nexus for the uirement must be established and a finding of rough proportionality must be made. In the case of Lhe left-tum lane, the applicant's Traffic Engineer has found that the additional traffic generated as a result of development of the subdivision will create a need for the left turn lane. The impact of the development in this case is additional turn movements at SW 141 " Avenue/Bull Mountain Road and the requirement to provide a left turn lane would directly mitigate the impacts of the additional traffic at NOTICE CiF DECISION - "URBAN SERVICE AREA" PAGE 7 OF 20 j SUB 1999.00004/VAR 1999-000014NAR 1999-0000171SLR 1999-00007 EAGLES VIEW SUBDIVISION i this intersection. Thus, a rational nexus is established. As noted above, the value of the unmitigated impact of the Eagles View subdivision may be. estimated at $512,550. Since the cost of installing a left turn refuge would be significantly less than this amount, a requirement that the applicant provide the turn lane as a condition of this land use approval is easily proportional to the project's u~nmitigat- ' impact on the street system. Also, as noted later under PPublic Facilities Concerns, the City requiring that the developer resurface SW 141" Avenue. This street is necessary to provide adequate access to the subdivision and is currently not improved to City standards. Since the additional traffic impact of the subdivision will double the volume of traffic using SW 14'15 Avenue, there is a rational nexus between the requirement to resurface the street and the impact of the development. The cost of a 3-inch as halt overlay has been estimated at approximately $52.,500 based on a 3-foot street width and 1,275 linear feet of paving. The requirement to pave the street is, therefore, considerably less than proportional to the unmitigated impact as defined earlier. LAND DIVISION: SUBDIVISION (18.450) Approval Standards - Preliminary P aV The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations The roposed project complies with the Comprehensive Plan's Medium Density residential designation for the subject property because it complies with the applicable provisions of the Community Development. Code which implement the plan. Compliance with the majority of specific regulations and standards will be addressed further within this decision. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of Oregon Devised Statutes (ORS) Chapter 92, The applicant has provided evidence that the proposed subdivision name has been reserved with Washington County, thus insuring that the name is not duplicative. The Streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions or subdivisions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to mod" the street or road pattern. Street layout is discussed in more detail, and conditioned if necessary, further in this decision. An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements as required and, therefore, satisfied this criterion. Specific details of the proposed improvements are discussed later in this decision under Public Facilities Concerns. FINDING: Based on the analysis above, the proposal meets, or will be conditioned to meet further in this decision, the preliminary plat approval standards for subdivisions. Subdivision General Provisions: Future re-division. When subdividing tracts into- large lots, the Approval Authority shall re uire that the lots be of such size and shape as to facilitate future re-division in accordance with the requirements of the zoning district and this title. No large lots are proposed as part of this development. Therefore, this standard does not apply. Lot size avers mg• Section 18.43 020.D ;states Lot size may b averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not lass than allowed by the underlying zonin district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. The applicant has proposed averaging of the lot sizes. The minimum lot size in the r-7 zone is 5,0, square feet. Under lot averaging, the 80% standard would allow lots as small as 4,000 square feet as long as the -average lot size for the entire subdivision is at least 5,000 square feet. The smallest lot proposed is 4,750 square feet in size. The average last size for the 120 proposed lots is 5,976 square feet, NOTICE OF DECISION - "URBAN SERVICE AREA!' PAGE 8 of 28 SUB 1999-00004NAR 1999-000014NAR 1999-000017tSLR 1999-00007 EAGLES VIEW SUBDIVISION . FINDING: Based on the analysis above, the subdivision complies with the lot size averaging criteria;. Phased development: he Approval Authority may approve a time schedule for developing a subdivision in phases, out in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; The criteria for approving a phased site development review proposal are: a.) The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b.) The development and occupancy of any phase shall not be dependent can the use of temporary public facilities: For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard; and The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. The applicant has proposed to build the subdivision in two phases as shown on the Preliminary Plat. Phase One consists of lots 1 through 59 in the east and south portions of the site. Phase Two consists of the balance of the 120 lots (Lets 60-120) in the northwest portion of the site. The applicant has not stated specifically what the proposed time frame of the phasing would be. FINDING: Because the applicant has not stated in the narrative how they will meet the phased development crl erla, the proposal to develop this subdivision in phases cannot be is approved at this time. CONDITION: If the applicant wishes to develop the subdivision in phases, a detailed phasing plan must be submitted for review and approval by the Planning Division. APPLICABLE TIGARD DEVELOPMENT CODE APPROVAL STANDARDS. Variances and Adjustments 18.3701: Section 18.370.010.A states that a Variance may be granted from the applicable zoning requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific property, the literal interpretation of the provisions of the applicable zone would cause an undue or unnecessary hardship, except that no use variances shall be granted. The applicant has requested Variances on two issues: the first is a request to exceed the maximum grade standards, for public streets for a 150-foot portion of SW Woodhue Street. The second is to reduce the minimum rear yard setback for four lots that abut the BPA tract. The two Variance requests are considered in turn, below: Section 18.370,010.0.2 states the Director shall approve, approve with conditions, or deny an application for a variance based on finding that the fallowing criteria are satisfied: Street Grade Variance The reason for the requested variance to the street grade standards is to avoid excessive cuts and is discussed in greater detail later in this decision under Public Facility Concerns. The proposed variance will not be materially detrimental to the purposes of this title, to any other pplicable policies and standards, and to other properties in the same zoning district or vicinity; NOTICE OF DECISION "URBAN SERVICE AREA? PACE 9 of 28 SUB 1999-00004NAR 1999-000014NAR 1999-000017/SLR 1999-00007 EAGLES VIEW SUBDIVISION The maximum street grade standards are intended to ensure street maintenance in winter conditions and maintain adequate emergency vehicle access. The proposed subdivision has three other access points that can be utilized by emergency vehicles and the public in the event that SW Woodhue Street J-, impassible in adverse weather. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; The natural slope at the southwest corner of the site is very steep. Woodhue Street was stubbed to the property line as part of the adjoining subdivision and the Tigard Development Code requires that the street be extended at the time of development. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible white permitting reasonable economic use of the land; The use of the property will be residential regardless of whether the variance is approved, or not. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and The traffic system will benefit from the extension of the street, which will provide greater connectivity and help spread the vehicle trips among several access points to the subdivision. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The hardship is topoggraphic in nature and is not self-imposed. It would be possible, from an engineering standpoint to construct a road that would meet the 15% rade maximum but this- wo require significant additional blasting of bed-rock, deep cuts and tall retaining walls. The alternative - to grant a variance - is an acceptable solution given the number of alternate access paints to the development. FINDING: Based on the analysis above, the variance criteria are satisfied' and the variance is approved to increase the street grade to a maximum of 18% for no longer than 150 feet on SW Woodhue Street as proposed on the applicant's preliminary street profiles. Setback Variance The purpose of this variance request is to create a larger building enveloppe on four lots that are unusually shaped due to their location adjacent to the BRA tract. The Lots for which the variance is requested are 4.33, ?159, #63 and #70. The request is to reduce the rear yard setback from 15 feet to 5 feet. However, it appears that in the case of lots #33 and #70, the impacted yard is the side yard. The side yard is only 5 feet wide and may be reduced to feet through a Typpe I adjustment. Staff does not support a rear yard variance for these lots since the reduction would directly impact neighborin lots. Therefore, the following analysis considers a variance to reduce the rear yard setback Lot #5A and #68 only. The proposed variance will not be materially detrimental to the purposes of this title, to any ether applicable policies and standards, and to ether properties in the same zoning district or vicinity; The purpose of a minimum building setback standard is to ensure that the placement of homes on lots is consistent throughout a neighborhood and provides certainty for homeowners that yard areas will be preserved. The lots for which the variance is requested abut the BPA tract and will not have adjacent lots to the rear. Reducing the setback for these lots will not, therefore, be detrimental to the purpose of the setback standard. There are special circumstances that exist which are peculiar to the lot size or shag topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; NOTICE of DECISION - "URBAN SERVICE AREA" PAGE 10 of 28 SUB 9999-00004iVAR 1999-000014NAR 1999-000017/SLR 1999-00007 EAGLES VIEW SUBDIVISION The lot sizes and shapes are impacted by the BPA tract, which i aligned tangentially to the north/south block pattern of the proposed subdivision. The alignment of the tract is beyond the applicant's control and does not affect other undeveloped properties in the zone (the BPA tract is aligned directly )rth/south over the remaining undeveloped portion of Bull Mountain). The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; The use of the land will be residential, with or without a variance approval for the setback. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title, and The proposed variance will have no impacts on physical or natural systems. The hardship is not self-imposed and the variance requested is the minimum- variance which would alleviate the hardship. Only a 10-foot reduction is requested. This will preserve access on all sides of the future homes without the need for easements across the BPA property. FINDING: Based on the analysis above, the variance criteria are satisfied and the variance is approved to reduce the rear yard setbacks of proposed Lots 459 and #68 to five feet. Pesidential Zoning Districts (18.510) Purpose Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services at appropriate locations and at an appropriate scale. Encourage construction of affordable housing. Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. R-7: Medium-Density Presidential District (18.510.020). The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home Parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. f NOTICE OF DECISION - "URBAN SERVICE AREN' PAGE I! OF 28 SUES 1999-00004NAR 9999-000014NAR. 1999-400017/SLR 1999-00007 EAGLES VIEW SUBDIVISION The R-7 zoning district has the following dimensional requirements: -STAN I D-A-RD R-7 Minimum Lot Size - Detached unit 5,000 sq. ft. - Duplexes 10,000 sq.ft. - Attached unit 1 5,000 s :ft. very inimum -nit Width - Detached unit lots 50 ft. - Duplex dots 50 ft. - Attached unit lots 40 ft. -Maxim um of ©vera e 80% Minimum Setbacks - Front yard 15 ft. - Side facing street on corner & through lots 10 ft. - Side yard 5 ft. - Rear yard 15 ft. - Side or rear yard abutting more restrictive zoning district 30 ft. - Distance between property line and front of ara e 20 ft. -35 ft. I aximum ei t 1-Minimum Landscape Re§uIr§ment 20% [11 Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. j2) Lot coverage includes all buildings and impervious surfaces. The proposed lots rancre in size from 4,710 square feet to 11,247 s uare feet. Based on the " averaging standards of Section 13.430.020.D, lot sizes can be reduced to a minimum of 4,000 sqm.: feet as long a the average lot size for the entire subdivision is at least 5,000 sqquare feet. The average lot size for the 120 lots proposed for this subdivision is 5,976 square feet. All of the proposed lots meet the minimum lot size and averaging requirements of the Code. All iota meet the minimum lot width requirements. The applicant will be required to comply, with the setbacks, height and lot coverage/landscape requirements during the building permit review process for the homes on individual lots. Based on the lot dimensions, Staff finds it feasible that the required setbacks can be met (Variances to setbacks on several lots are addressed elsewhere in this decision). FINDING: Based on the analysis above, the residential zoning district dimensional standards are satisfied Access, Egress and Circulation X18.705): Chapter 18.705 establishes standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. Table 18.705.1 states that the minimum vehicular access and egress for single-family dwelling units on individual lots shall be one, 10-foot paved driveway within a 15-foot-wide accesway. The access and egress into the site itself is discussed later in this decision under Street and Utility Standards and PUBLIC FACILITY CONCERNS. The applicant has stated that access to each lot will be provided as required in this section. Access to individual lots will be reviewed for compliance during the building permit phase. FINDING: Because the access to individual lots will be reviewed as part of the building permit process and access to the site is addressed and conditioned, if necessary, further in tl a decision, the Access, Egress and Circulation standards have been satisfied. NOTICE OF DECISION - "URBAN SERVICE AREA" PACE 12 of 28 SUB 1099-00004NAR 1999-000014NAR 1999-000017ISLR 1999.00007 EAGLES VIEW SUBDIVISION Density Computations and Limitations. Chapter 18.715 implements the Comprehensive Plan b establishing the criteria for determining the number of dwelling units permitted. The number of allowable dwellingg units is based on the net development area. The net area is the remaining parcel area after I?xclusion of sensitive lands and land dedicated for public roads or pparks. The at area is then divided by the minimum lot size permitted by the zoning district to determine the ..umber of dwelling units that may be developed on a site. Based on the formulas in Chapter 18.715 of the City of Tigard Community Developpment Code, the maximum and minimum number of units permitted on the site are based on the net developable area, subtractinPC sensitive lend areas, land dedicated to public parks, land dedicated for public right-of-way . and land r private streets from the total site area. Of the total site area, 214 445 square feet will be dedicated to public street right-of-way and 79,060 square feet is sensitive land areas. 34,085 square feet will be used for private streets giving a net development area of acres of 764,071 square feet. This results in a maximum of 152 units and a minimum of 122 lots. The applicant's proposal to build 123 lots for single-family detached homes meets the maximum and minimum density requirements in the R-7 zone. FINING: Because the applicant has proposed 123 lots and the allowable density range is between 122 and 152 units, this standard has been satisfied. Landscap n L-g and Screening 18.745 . Chapter 18.745 contains landscaping provisions for new development. Section 18.74 .100 requires that street trees be planted in conjunction with all development that fronts a street or driveway more than 100 feet long. A proposed planting list must be submitted for review by the Director since certain trees can damage utilities, streets and sidewalks or cause personal injury. Section 18.745.040.0 contains specific standards for spacing of street trees as follows: Small or narrow stature trees under 25 feet tall and less than 16 feet wide branching) shall be spaced no greater than 20 feet apart, ♦ Medium sized trees (25 feet to 40 feet tall, 16 feet to 5 feet wide branching) shall be spaced no greater than 30 feet apart; and Large frees (over 40 feet tall and more than 35 feet wide branching) shall-be spaced no greater than 40 feet apart; The applicant's narrative indicates that a street tree plan will be submitted that will indicate the type, size and location of the proposed street trees with the final construction drawings for each phase of development. They have indicated that street trees will be spaced and located in accordance with the standards of this section. The applicant will be required to provide a bond for the planting of street trees and the construction Vns must show the type and spacing of street trees to be planted. Planting of street trees must assured and bonded as part of the public facilities permitting process. Section 18.745.050 contains the provisions and requirements for buffering and screening. The Buffering and Screening Matrix (Section 18.745,1) does not require buffering or screening when a single-family detached residential use is proposed adjacent to existing detached single-family dwellings. The site is surrounded by detached single-family homes and undeveloped parcels with R-7 zoning. Therefore, this section does not apply. FINDING: Because no buffering and screening is required when a single-family development abuts a single-family development, this standard does not apply. Off-street narking and loading requirements (J8.765) Chapter 18.765, Table 18.765.2 requires that single-family residences be provided with one (1) off-street parking space for each dwelling unit. The applicant has stated that this standard will be satisfied with the future driveways and residential ggarages on the individual lots. Homes built in this subdivision will have •a two-car garage and a driveway that will accommodate at least two (2) additional cars. The building permit review will require that the applicant show off-street parking spaces. The Cade requires 20 feet from the operty line to the face of a garage which will insure that at least one (1) car can park off of the ,itreet, outside of any garage. NOTICE OF DECISION - „URBAN SERVICE AREA"' PAGE 13 OF 28 SUB 1999-00004NAR 1999-000014NAR 1999-000017/SLR 9999-00007 EAGLES VIEW SUBDIVISION j FINDING: Because each individual home will be reviewed for compliance with this standard during the building permit phase and it is feasible that this standard will be met by providing driveways and garages, this standard has been satisfied. Tree Removal: Chapter 18.790 requires mitigaltion of trees over 12" diameter at breast height (dbh) removed as part of the development o the site. The applicant has submitted a Tree Protection and Removal Plan prepared by a certified arborist. The plan indicates that the majority of the significant trees on the site are located in the wooded natural area in the northwest corner of the site. This entire area is the Significant Natural Area identifiers in the Bull Mountain Community Plan and is proposed for protection. According to the tree re ort and inventory (as modified by the applicant's letter dated August 27, 1999), there are a total of trees larger than 12 inches diameter at breast height (dbh) growing on the site. A total of 9 (14%) of these trees will need to be removed for construction (this includes three additional trees to be removed from proposed Lot #73 per the 8127/99 letter). A total of 54 trees (85%) will be retained in the Opon Space tract and in a tree group at the proposed water quality facility. Therefore, since more than 75°!0 of the existing trees greater than ~ 2 inches in diameter are proposed for retention';, no mitigation is required. Staff has reviewed the tree removal plan in relation to the pro used development layout and has some concerns about the accuracy and comprehensiveness of the tree survey and the feasibility of the proposed protection plan. Staff has visited the site on several occasions and viewed the protected tree grove from the subject propert~ and from adjacent property to the west. In the vicinity of the west property line of the site, the vege ation transitions from grasses and low shrub vegetation to mature trees and woodland vegetation. It is unclear from the qround, and is not clearly shown on the plans, where the boundary of the significant vegetation is located relative to the property line. The site plans appear to indicate that there is no significant vegetation on the site. If the plans are accurate, the significant vegetation must be located very close to the property line and its preservation both during and after construction is, therefore, a significant concern. The applicant has not specifically proposed an protective measures for off-site trees and habitat areas in this vicinity. A condition of approval wit require that the applicant submit a revised tree survey that clew identifies off site trees located within 25 feet of the west property line and proposes measures protect them during construction of the subdivision and the construction of homes adjacent to the west property line. Staff is concerned about the proposed tree protection line, which does not appear to include the trees on Lot #73 that are to be preserved. The applicant shall submit a revised tree protection area plan that includes all protected trees on Lot #7. The tree report also addresses proposed methods for protection of trees that are to be retained. Protection measures such as protective fencing and sicgnage are proposed for the construction phase of the development. A condition of approval will require that the recommendations of the Tree Plan be followed. Tree protection measures must be field verified by the City arborist prior to commencement of any site work including tree removal. FINDING: Based on the analysis above, the Tree Removal standards of Chapter 18.790 are satisfied. Compliance with the standards will be ensured through a condition of approval. CONDITION: The applicant or the a plicant's arborist shall install tree protection fencing and signage at the outer edge of to drip line of the protected tree grave as described in the Tree Removal and Protection Plan. Tree protection measures shall be field inspected and approved by the City arborist prior to release of a site permit. CONDITION:The applicant should submit a revised tree survey that identifies all trees over 6-inches dbh within 25 feet of the west proper ttyy line and proposed protection measures for any such trees for the construction phase of the subdivision. The applicant shall also submit a revised tree protection area plan that includes the protected trees on Lot #73. Preserved trees shall be protected with a conservation easement or other recorded instrument, a copy of which must be reviewed and approved by the City prior to final plat approval. NOTICE OF DECISION - "URBAN SERVICE AREA" PAGE 14 OF 28 j SUB 1999-00004NAR 1999-0000141VAR 9999-000017/SLR 1999-00007 EAGLES VIEW SUBDIVISION I Vision clearance: Chapter 18.795 applies to all development and requires that clear vision areas shall be maintained on the corners of all property adjacent to intersecting right-of-ways and at the intersection of a public street and a private driveway. A visual clearance area shall contain no vehicle hedge, planting, fence, wall structure, signs,' or temporary or permanent 13struction exceeding three feet in height. The applicant has not proposed any structures or vegetation in the vision clearance area. All structures to be located on individual lots will be reviewed for compliance with the vision clearance standards during the building ppermit phase. Staff did a quick evaluation of the lots to determine how the vision clearance would affect the buildability of these lots. The vision clearance area will not affect the buildability of these lots. FINDING: Because no structures are currently proposed in the vision clearance area. and all future buildings will be reviewed for compliance during the building permit phase, this standard has been satisfied. Street And Utiility Improvements Standards: Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Improvements: Section 18.810.030(A) requires streets within and adjoining a .development to be dedicated and improved based on the classification of the street. Dedication and improvement requirements are addressed and conditioned as necessary later in this decision under Public Facility Concerns. Minimum Rights-of-Way and Street Widths: Section 18.810.030() requires a residential local street to have a 42-80 right-of-way width and 24-32-foot paved section between curbs and sidewalks. The applicant's plans shove the right-of-way widths will be between 42 feet and 46 feet. This standard discussed in more detail under PUBLIC FACILITY CONCERNS. Future Street Plan and Extension of Streets: Section 18.810.030(F) states that a future street plan shall be fled which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to ad"oininqq properties are not considered to be cul-de-sac since they are intended to continue a Cough streets at such time as the adjoining property is developed. The applicant has submitted a future street plan that shows how property to the east can be served from two stub streets that are proposed to terminate at the east property line. Street Alignment and Connections: Section 18.810.00(G) requires all local streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or to ographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesiggn, or reconfigure the street pattern to provide required extensions. In the case of environmental or topographical constraints, the mere presence of a constraint i not sufficient to show that a street connection is not passible. The applicant must show why the constraint precludes some reasonable street connection. This standard is mat because 141st Avenue, SW Woodhue Street, SW Colyer Way and SW Tewkesbury Drive will be extended into the subdivision. Grades And Curves: Section 18.810.030(M) requires that grades shall not exceed 12 percent on ")cal streets, except that local residential streets may have segments with grades up to 15 .,jercent for distances of no greater than 250 feet. The street grades are discussed elsewhere in this report under PUBLIC FACILITY CONCERNS and under VARIANCES AND ADJUSTMENTS. t NOTICE OF DECISION - "URBAN SERVICE AREA" PAGE 15OF 28 SUB 1999-00004NAR 1999-000014NAR 1999-0000 17/SLR 1999-00007 EAGLES VIEW SUBDIVISION 1 Block Designs - Section 18.810.040(A) states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Specifically: Block Sizes: Section 18.810.040(B)(1) states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the rightwof-way line except: ♦ Where street location is precluded by natural topography, wetlands or other bodies of water or, pry;-existing development car; ♦ For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. ♦ For non-residential blacks in which internal public circulation provides equivalent access. The blocks created within the subdivision do not have perimeter dimensions greater than 1,800 feet. Therefore, this standard is satisfied. Block Lengths: Section 18.810.040&(2) states that when block lengths greater than 600 feet are permitted, pedestrian/bikeways sha l e provided through the block. The block lengths created within the subdivision do not exceed 600 feet exceppf for the block south of SW Woodhue Street between SW Shoue drive (off-site to the west) and SW Tewkesbury Drive. The length of this block is approximately 880 feet, however, the pattern of ppre-existing development to the south precludes provision of a pedestrian connection through this blocEc. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot widdth, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. According to the preliminary plat, none of the proposed lots have a lot depth greater than 2.5 times the average lot width. Lot Frontage: Section 18.8'10.060(B) requires that lots have at least 2 feet of frontage on public; or private streets, ether than an al1[ey. As indicated on the preliminary plat, all proposed lots have at least 25 feet of frontage on a public or private street. Sidewalks: Section 18.810.070 requires sidewalks adjoining all residential streets. The applicant is proposing to construct 5-foot-wide sidewalks to City standards on both sides of all streets within the subdivision. Therefore, this criterion is met. Sanitary Sewers: Section 18.810.090 requires sanitary sewer service. The EnWanitary neering Department has reviewed the applicant's materials, including the Preliminary Utilities Plan. sewer is discussed later in this decision under PUBLIC FACILITY CONCERNS. Based on the analysis therein, the sanitary sewer service will be provided as required and this criterion is either satisfied outright or will be met upon compliance with the applicable conditions of approval. Storm Drainage: Section 18.810.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. Storm draina e is discussed later in this decision under PUBLIC FACILITY CONCERNS. Based on the analysis therein, storm water drainage provisions will be provided as required and that this criterion is either satisfied outright or will be met upon compliance with the applicable conditions of approval. FINDING: Based on the preceding analysis, the above-noted standards of Chapter 18.81 Street and Utility Improvement Standards have been met. NOTICE OF DECISION - "URBAN SERVICE AREA" PAGE 16 OF 28 SUB 1999-00004NAR 1999-0000141VAR 199'MG00171SLR 1999-00007 EAGLES VIEW SUBDIVISION WASHINGTON COUNTY BULL MOUNTAIN COMMUNITY PLAN Summit and Slopes - Design Elements; The residential character of this subarea i be protected. Improvement of roadways should be done in a manner which does not encourage excessive traffic. All roads planned for improvement or connection to Bull Mountain Load within the Planning area should be constructed as minor collectors or local streets following the topography generally and not directly aligned with other major roadways. All streets within the proposed community are circuitous by design and incorporate traffic calming devices to discourage excessive through traffic. All of the resulting street GOnnections from this community to both SW Beef Bend Road and SW Bull Mountain road remain local in functional class. 2. Hillside building techniques and foundation designs such as stilts, stepped foundations, etc. shall be used to minimize the alteration of existing slopes over 20 percent. Detailed site plans, elevations and sections shall be required showing all structures, foundations, and techniques proposed for hillside construction. These, as well as other site plan requirements for budding on steep slopes, as defined in the Community Develo meet Code, are intended to ensure that development activities do not increase the potential for earth movements such as landslides or land failures in the steeply sloped subarea. Detailed site plans will be generated at the building permit stage for home construction. The proposed grading plan prepared bysHarris McMonagle minimizes the alteration of slopes over 20%. The applicants Sensitive Land Analysis provides an in-depth review of the feasibility of building on the steep slopes. 3. No rading, filling, clearing or excavation of any kind shall be initiated on steep slopes until a grading plan, as defined in the Community Development Code, is approved. Borrowing to obtain fill material shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan, or imported from outside the hillside area. oe final grading plan will show all proposed grading, no significant additional excavation will be permitted unless a revised grading plan is submitted. The applicant's Sensitive Lands Analysis provides suggestions for the grading plan proposed by Adapt Engineering. 4. Removal of natural vegetation shall be minimized, existing vegetation protected and destroyed vegetation replaced. This i required in order to conserve important natural areas, decrease the potential for erosion, decrease the amount of surface water runoff and help prevent earth movement in hazardous areas. A slope stabilization and revegetation plan, which includes a schedule for revegatation after areas have been cleared, shall be included with the required grading plan. Revegetation shall be completed before October 1 of the year of construction, or a temporary treatment shall be required sufficient to prevent erasion prior to the rainy season The applicant-has stated that an erosion control plan will be included with the construction drawings. The erosion control plan will provide for re-vegetation that meets this standard. 5. Because trees are such an important natural and scenic resource on Bull Mountain, development in areas of standing trees shall be designed to minimize the number of trees to be cut. At the time of development, no more than fifty percent of the manure standing trees (six inch diameter or greater) shall be removed from any parcel. Development design and clearing for structures shall provide for maximum retention of old growth trees. Prior to development, the harvesting of forest tree species for their commercial value shall be in accord with the Oregon Forest Practices Act. The slope stabilization and revegetation plan shalt indicate the mature tree planned for removal and describe the replacement programs. Replacement trees must be of at least 11/2" diameter. The applicant's tree removal and protection plan indicates that this a proval criterion will be met. Only ►ur trees will be removed from the east edge of the tree grove to allow development of Lot #73. The ,proposal exceeds this requirement. NOTICE- OF DECisIOh! - `.URBAN SERVICE AREA" PACE 17 OF 28 SUS 1999-00004NAR 1999-000014NAR 1999-0000171SLR 1999-00007 EAGLES VIEW SUBDIVISION • 9 I 6. Streams, seasonal waterways and immediately adjacent riparian zones, as defined in the Community Development Code, shall be preserved in their natural condition including topography and vegetation. Where roads are required, bridges shall be ppreferred means of crossing streams and waterways rather than infll and piping or channelization w,aterflow. The applicant has provided a Significant Natural Resource Assessment that delineates the Natural Resource Area. The resource area will be preserved in tact including topography and vegetation. 7. Use of powerline easements for farm operations, open space, and wildlife habitat shalt be encouraged as appropriate in this subarea. The applicant proposes a parr for a large amount of land within the PGE easement area. Staff concurs that parks 'are recognized as open space areas. The applicant is discussing with the City whether the proposed park area will be dedicated or managed by the homeowners association. 8. This Design element refers to Area of Special Concern 1, which is not within the project area. Therefore, this element does not apply. 9. This Design element refers to Area of Special Concern 2, which is not within the project area. Therefore, this element does not apply. 1£1. This Design element refers to Area of Special Concern 8, which is not within the project area. Therefore, this element does not apply. WASHINGTON COUNTY COMMUNITY DEVELOPMENT CODE SECTION 422 Significant Natural Resources (SNR): The required master plan and site analysis for a site that includes an identified natural resource shall: Identify the location of the natural resource{s} The forested draw is a small portion of an area deZter noted as a SNR througgh Section 422 of t` Washinc~ ton County Community Development Code ashington County, 1997). It is mapped Wildlife Habitat, with the small creek designated as Areas and Wetlands. The ma"onty of the SNR as mapped in the Bull Mountain Communityy Plan appears to have been converte below the site. The site is located on the southern slope of Bull Mountain. The mapped SNR boundary appears to follow the existing edgge of the forested draw, however, relative to the actual surveyed property boundary, the mapped S R appears to be shifted too far to the east. This can be accounted to the generalized nature of the resource mapping. Describe the treatment or prescribed alteration, if any; The proposal is to develop the proper Tinto a subdivision of single-family, residences. Six of the pp~roposed lots would abut the SNR andyinclude some of the SNR trees within their lot boundaries. None of the tree would be removed as part of the development, and structure placement and hard surfaces would be desiggned not to affect the root zones of these trees. The farmed area will be graded to meet the needs of the development plan and applicable code requirements. Apply the desiggn elements of the applicable Community Plan, or the a plicable implementing strategies of the Rural/Natural Resource Plan, Element, Policy 1t1, Implementing Strategy which states: "Implement the recommendations of the Oregon Department of Fish and Wildlife Habitat Protection Plan for Washington County to mitigate the effects of development in the Big Came Range within the EFU, EFC, and AF-20 land use designations." This site does not occur within the EFU, EFC, or AF-20 land use districts; therefore, this criterion does not apply. The design elements of the Bull Mountain Community Development Plan: Subarea Summit and Slopes that are applicable for the site include the following: Design Element 4 requires that removal of natural vegetation be minimized, existing, vegetation protected, and destroyed vegetation replaced. i No activity is proposed that would alter vegetation within the SNR on the site. NO'11CE of DECISION - "URBAN SERVICE AREA PAGE 18 of 88 SUB 1999-00004NAR 1999-000014NAR 1999-000017/SLR 1999-00407 EAGLES VIEW SUBDIVISION Design Element 5 requires that development be designed to minimize the number of mature trees removed. The proposed development has been designed to protect all existing trees within the SNR on the site. ror any proposed use in a Significant Natural Resource Area, there shall be a finding that the proposed use will not seriously interfere with the preservation of fish and wildlife areas and habitat identified in the Washington County Comprehensive Plan, or how the interference can be mitigated. FINDING: Based on the information provided by the applicant and the analysis above, Staff finds that the standards of the Bull Mountain Community Plan and Section 422 of the Washington County Development Cade are satisfied. PUBLIC FACILITY CONCERNS: The City of Tigard Engineering Department has reviewed this proposal and has offered the following: comments: Streets: TDC 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. TDC 18.810.030.A.2 states that any new street or additional street width~ pTanned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Traffic Study Findings A traffic impact study was prepared by. Lancaster Engineering, and is dated July, 1999. The report analyzed local intersection capacity, existing and anticipated volumes on adjacent streets, and safety and other miscellaneous issues. ~tersection Capacities ae loeaiintersections included in scope of the report included: + SW Bull Mountain Road/SW 141x' Avenue + SW Buli Mountain Road/SW 150" Avenue + SW 1 50th Avenue/SW Woodhie Street + SW Beef Bend Road/SW 104 Avenue + SW Beef Bend Road/SW Westminster Drive + S Beef Bend Road/SW Colyer Way The stud shows that under existing conditions, all study intersections operate at acceptable Levels of Service (LOS), which is "E" or better These particular intersections currently operate at LOS C or better. Under background growth traffic volumes (after the proposed project is occupied, all of the intersections will continue to operate at LOS C or be er. Then, when the site generated traTiic is added, the study intersections will continue to operate at LOS C or better. Therefore, there are no capacity issues to address at the study intersections. Local Residential Street Volumes This project is surrounded by existing stub streets that must be extended into the site to meet City connectivity standards. Lancaster addressed existing and estimated future traffic volumes on these ley local residential streets. The streets in question include: + SW 141`3' Avenue + SW Wogdhue Street + SW 146" Avenue + SW Westminster Drive + SW Colyer Way NOTICE OF DECISION - "URBAN SERVICE AREA" PAGE 19 OF 28 SUB 1999-00004IVAR 1989-0000141VAR 199 0000171SLR 1999-00007 EAGLES VIEW SUBDIVISION s I Lancaster measured the current volumes on these streets and found the following: Street Existing Volumes (Avg. Daft Traffic) SW 141; Avenue 509 ADT SW Wo?dhue Street 412 ADT SW 146 " Avenue 348 ADT SW Westminster Drive 1282 ADT SW Colyer Way 1069 ADT Lancaster then estimated background growth in traffic, which included the added traffic from new developments in the area. Based on background traffic alone (not including the Eagle's View project), the street volumes are expected to be as follows: Street Projected Volumes (Backgrround SW 141" Avenue 509 T SW Wogdhue Street 412 ADT SW 146` Avenue 348 ADT SW Westminster Drive 1282 ADT SW Colyer Way 1389 ADT When Lancaster added the expected traffic eneration from this development when all of the streets are connected, the street volumes are expeced to be as follows:. Street Projected Volumes _(Total SW 141 "Avenue 1 353 ADT SW Wogdhue Street 593 ADT SW 146"' Avenue 410 ADT SW Westminster Drive 1345 ALIT SW Colyer Way 1401 ADT The City's functional classification system indicates that local residential streets can carry traffic volumes up to 1,500 vehicles per day. Even with the additional traffic from this development, and ti connection of the streets in question, none of the critical local residential streets will exceed 1,& ADT. A concern was raised by citizens and Staff regarding the potential for ""cut-through" traffic on SW 141'r Avenue, once the street is connected. The Lancaster report includes a discssion regarding diverted regional traffic. Lancaster conducted a license plate survey along SW 150,n Avenue to quantify the amount of traffic that travels between SW Gull Mountain Road and SW Beef Bend Road. They found that during the AM peak hour, 26 vehicles use that route, while during the PM eak hour, 54 vehicles use the route. During the AM peak hour, this represents approximately 25% ofthe northbound traffic and 50°1 of the southbound traffic, Those percentages are reversed during the PM pear hour. Lancaster indicates that the construction of SW Peachtree Drive, a minor collector street being const'rued as a part of the Autumn Hill project to the east, may result in a portion of the traffic from SW 150'n Avenue diverting to use that new route. SW Peachtree Drive is currently under construction ect~ site. By the time the Ca les and will likely be completed before construction begins on the sub' View project i completed and occupied, travel routes along SW ~50" Avenge and SW Peachtree Drive will be aeell established. Lancaster states that compared to the straight-aligned routes provided by SW 150 Avenue and SW Peachtree Drive, the connection through Eagles View to SW 1415 Avenue will be very circuitous. It is unlikely that re Tonal traffic will divert through this neighborhood to travel between SW Bull Mountain Road and SW Beef Bend Load. The pro'ected volumes on SW 141ST Avenue factor in the likelihood that there will be diverted local traffic aAng that street. For instance, vehicles currently on SW 1415{ Avenue may divert southerly through the Eagles View site to reach SW Beef Bend Road. Likewise, vehicles generating from the Barrington Terrace neighborhood may divert northerly through the site to reach SW Bull Mountain Road. Safe and Miscellaneous Issues Lancaster reviewed the potential safety concerns at the intersection of SW 141ST Avenue and SW Big.. Mountain Road. They reviewed the potential need for a left turn lane on Bull Mountain Road and found that such a lane is warranted. The recommendation is that a left turn lane be installed by the developer with a storage length of at least 75 feet. NOTICE OF DECISION _ "URBAN SERVICE AREA" PAGE 20 OF 28 SUB 9999-00004NAR 1999-000014/VAR 1999-000017fSLR 1999-00007 EAGLES VIEW SUBDIVISION Lancaster also reviewed the sight distance available at the same intersection. Sight distance rogi.tirements on a roadway such as SW Bull Mountain Road at a stop-controlled intersection is ten times the posted speed limit. The posted speed limit on SW Bull Mountain Road in this area is 40 MPH; therefore, the si ht distance requirement is 400 feet. Lancaster indicates that the current line s si~~ght to the east at his intersection is partially obstructed by vegetation that appears to be within to ie €~t~W. Sight distance in excess of 600 feet was measured from a point ten feet behind the edge of the eastbound travel lane on Bull Mountain Road. However, the stop bar at this intersection is located well back from that point, which may discourage drivers from pulling forward to a point where adequate sight distance is available. Removal of the vegetation that limits the sight distance would be helpful, plus construction of the left turn lane is expected to improve the sight distance. Staff recommends that the applicant remove the problem vegetation at the same time they are constructing the left turn lane. §ight distance to the' west at this intersection was observed in excess of 600 feet, so no improvements are needed in that direction. Lancaster's report includes a discussion regarding traffic calming. SW 141't Avenue will experience the greatest increase in traffic volumes once this project is completed, with an increase of approximately 844 vehicles per day. There is the potential for speeding problems can this roadway, especially along the existing, straight segment. However, it is difficult to predict with certaint the behhavior of drivers. Lancaster indicates that if speeding problems are encountered, traffic calming measured such as speed humps will not be acceptable due to the fact that the existing grade along SIN 141$ Avenue is over 8%. Other measures could be considered, such as curb extensions anti median islands. These features make the traveled way narrower, which can force traffic to travel slower around them. The applicant's plan indicates that they propose to install such measures along the new portion of SW 141 t Avenue in the Eagles View project. Final design for these measures shall be approved by the City Engineer prior to construction. With reggard to the existing portions of W 141 st Avenue, Lancaster recommends that determination be made regarding the need for traffic calming measures after at least a portion of the Eagles View development is completed and traffic speeds can be directly measured. The applicant has entered 'nto an agreement with the Bull Mountain Park Homeowners Association, wherein they will cover the )st of future traffic calming should the need arise. Venture Properties has issued escrow instructions to First American Title Insurance Co. stating that the funds will be transferred to the association after the subdivision i approved by the City and all ap eat periods have expired. A letter from the attorney for the association states that any proposed trafrc calming measures for the street shall be approved b the agency having Jurisdiction over the roadway. Staff learned of this agreement list recently and was previously prepared to recommend a condition that the applicant de osit cis with the City to cover the costs of future speed studies, traffic calming studies and traffic calming measure installation. However, in light of this agreement, such a condition does not appear necessary because the applicant has agreed to provide coverage over and above what the Staff would have recommended. SW 141st Pavement Condition Staff has reviewed the existing condition of SW 141st Avenue and has determined that the existing pavement thickness does not meet Cityy standards. Visually, the pavement surface is in fair to poor condition and should be improved kiefore additional traffic is added. This project will add approximately 492 vehicles per day to the roadway, which will nearly double the daily traffic. In addition, the applicant needs access to this street for their project in order to keep the other connecting streets from exceeding local residential street volume capacity. It is Staff's opinion that the applicant should provide an overlay of this street to bring the structural section up to City standards. Final design of the roadway overlay shall be reviewed and approved by the City ngineer. New Local Streets All of the new local residential streets in this development, with the exception of one, are proposed to be constructed inside a ROW of 46 feet with a paved width of 32 feet. Typically, a 32-foot-wide roadway is placed within a 50-foot ROW, but the extra width is merely needed to include the street trees, which are placed behind the sidewalk. In accordance with 18.745.040.0.1 of the T©C, street trees can be placed in the front yards of lots on pprivate property. Table 18.810.1 indicates the ,inirrium paved width for a 46-foot wide ROW is 28 feet. These widths are typically for streets ,arrying less than 500 vehicles per day. The applicant is proposing to build a wider paved width within a 46-foot ROW so that the streets will have the capaci to carry up to 1500 vehicles per day.. Since the street trees can be placed within private property, S aff recommends approval of the street plan. NOTICE of DECISION - "URBAN SERVICE ARE/V' 'AGE 21 OF 28 SUB 1999-00004NAR 1999-000014NAR 1999-000017tSLR 1999-00007 EAGLES VIEW SUBDIVISION The one street that is proposed to have a paved width narrower than 2 feet is SW Tewkesbury Drive. The portion of the street that abuts the Bonneville Power Administration (BPA) Tract will have a paved width of 28 feet. Lancaster's traffic impact report indicates that !this street will carry, approximately 144 vehicles per day, which qualifies this street for a narrower width. With a 284r paved width, on-street parking must be restricted to one side only. The applicant will be required install No Parking„ signs on one side a a part of the project construction. Segments of SW Woodhue Street, SW Colyer Court (private street) and SW Eagles View Way will cross the BPA Tract and the Portland General Electric (PGE} easement. Prior to approval of the applicant's construction plans, they will need to demonstrate t at they have obtained the necessary QW and property for these streets from these agencies. Street Gradient Variance The applicant has applied for a variance to the City's street gradient standards which state that local streets shall not exceed 121A grader except for segments less than 250 feet in length where the grade can be 15%. SW Woodhue Street is proposed to have a gradient through this site of up to 18% for a distance of approximately 155 feet. The existing segment of SW Woo hue Street is over 14% as it approaches this site and the existing round grades increase significantly. In order to meet the City's requirements for connectivity and block lengths, the, street must be extended through the site perpendicular to the slope of the land. If the applicant were required to meet the City's gradient standard, cuts in excess of 20 feet deep would be required. This would be impractical because: the . adjacent dots would not be left with adequate access to the street. In addition, it is usually desired that the cuts and fills on a site balance each other out to eliminate the need for hauling materials on or off the site. In addition„ the gecatechnical report submitted with the application materials indicates that in the area where the 18% grade is proposed, there is hard basalt bedrock at depths between 4 to 8 feet down. If the applicant were required to cut deeper than these depths, the use of explosives would likely be required, which would result in more impact to the site than is necessary. Staff believes that the variance is justified in this case due to the existing topograph and geology where the street must be extended. Ali of the other streets comply with the City standard and tho streets that have grades of up to 15% do not exceed the 250-foot length limit. Proposed Private Streets The plan proposes that there will be five new private streets in this pro"act. TMC 18.810.030(8) limits the number of lots to be served from a private street to a total of six {I%). Each of the private streets proposed will not serve over 6 lots. Section 18.810.030(8} also indicates that the applicant shall ensure the continued maintenance of private streets by esta fishing a homeowners association. It is recommended that the applicant place a statement on he face of the final plat indicating the private street will be owned and maintained by the properties that will be served by it. In addition, the applicant should record Conditions, Covenants and Restrictions (C&R's) along with the final plat that will clarify how the private property owners are to maintain the private street. These CC&R's shall be reviewed and approved. by the City prior to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. Water: This site will be served from the City's public water system. The final design of the water system throu h this site shall be reviewed and approved by the Public Works and Engineering Department prior Vol construction. The preliminary plan indicates that the area where Lots 60 through 67 are proposed is a possible site for a future water reservoir for the City. As of the writing of this report, the applicant is still conversing with the City with regard to this issue. Sanitary Sewer: This site lies within Unified Sewerage Agency's (USA) jurisdiction. USA will need to review at approve the final sanitary sewer system layout for this site. It appears that existing sewer lines located south and east ofthis site will have plenty of capacity to be extended within this project. The applicant shall comply with all of the conditions listed in USA's letter to the City concerning this application, dated August 12, 1999. NOTICE OF DECISION "URBAN SERVICE AREA" PAGE,22 OF 28 SUB 1999-00004NAR 1999-00001 +NAR 1999-0000171SLR 1999-00007 EAGLES VIEW SUBDIVISION The plan i not clear in a couple of areas. It is not clear as to how Lots 1 through 5 will obtain service. A sewer line may need to be extended within the private street labeled as SW Odino Court. Also, the plan is not clear as to how tots 68, 69, 72, 73, 74, 75 and 76 will obtain service. A sewer line may be needed within the private street labeled as W 144 I' Terrace. .storm Drainage; This site will be basically split into two drainage areas, one on either side of the BPA tract and the PGE easement, both sloping to the south. Surface water will be conveyed in new public lines to two on-site water quality facilities, labeled as Tracts C and F. The storm water will then be directed into existing public storm drainage lines to the south of this site. USA must review and approve of the proposed storm system design prior to construction. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) re Fulations established by the Unified Sewerage Agency (USA) Design and Construction Standards adopted by Resolution and Order No. 96-44) which require tae construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 10..6 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the -facility maintained through the yyear. Prior to construction, the a plicant shall submit plans and calculations to vUSA for a water quVity facility that will meet the inten of the USA Design glans In addition, the a licant shall submit a maintenance plan for the facility that must be reviewed and approved by USA prior to construction. Grading and Erosion Control: USA Design and Construction Standards also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water s stem resulting from development, construction, grading, excavating, clearin , and any other activity which accelerates erosion. Per USA regulations, the applicant is required to submit an;erosion control plan for City view and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb five or more acres of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prier to construction. This permit will be issued along with the site and/or building permit. The arplicant's design engineer will be required to prepare a final grading plan for review and approval. The p an shall detail the provisions for surface drainage of the lots that are to be "pad" graded to insure that the drainage is direced to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the sail compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code (UBC). The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final cgrar3ing plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. The desi n engineer shall also indicate, on the grading plan, which lets will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $30 per address shall e assessed. This fee shall be pate to the City prior to approval of the final plat. For this project, the Adressing fee will be $3,690 (123 lots X 30/address = $3,690). l NOTICE OF DECISION - "URBAN 5ERVICI AREA" PAGE23 of 28 SUB 1999-00004NAR 9999-000014NAFZ 1999-0000171SLR 1999-00007 EAGLES VIEW SUBDIVISION b l SECTION V. OTHER STAFF COMMENTS The City of Tigard Operations Utility Manager has reviewed this proposal and has offered the following comments. The City Water Department is currentiy havin discussion with the developer about the existing well and the proposed reservoir site (2.5 million gallons reservoir with a hydraulic grade line of 550 feet). The City of Tigard Property Manager/Operations Department has reviewed this proposal and has offered the fallowing comments: I have numerous concerns related to this project. + Is the play field over a 20-inch gas pipeline? + Who has responsibility for %ens space tracts? + Streets of 18 % slope will dnitely not be sanded in winter, what will happen to emergency access under icy conditions? + At no time should streets of 18% be allowed. If they are, the City will not sand them, therefore, how are emergency vehicles to have access when driving in icy weather? + No trees or shrubs should be allowed closer than 30 feet to an intersection. The City of Tigard Building Division has had the opportunity to review the proposal and offers the following comments: + Provide storm to kits 80, 79, 78, 74, 75, 78, 28, 34, 35 and 33. + Plans are incomplete Provide Fire Hydrant locations, storm drain labeling, storm drain to lots not having positive drainage to the streets, laterals and street widths. + No parking signs: 1 side for streets less than 38 feet wide. Bath sides for streets less than 28 feet wide. + Island in SW 141't Avenue shall not reduce road width tp less than 20 feet. + Provide turning radius into W Odino Court, SW 144 Terrace, SW Ridgeview and W Colyr- Co u rt.. + inadequate fire truck turn-around in bulb end. + Provide a turn-around at the end of Tract 1. + 18% grade on SW Woddhue Street requires Tualatin Valley Fire & Rescue (TVFR) approval. SECTION VI. AGENCY COMMENTS Washington County Department of Transportation hla had the opportunity to review the proposall and offers the following comments; While direct access is not proposed to either road, traffic generation associated with the propposed development is expected to impact Beef Bend Read and Bull Mountain Road. Washington County requires a traffic safety review when estimated daily trip eneration of a project and existing traffic levels on affected County read(s) exceed iven limits as determined b6 R&O 86-9. Calculated trlp generation of this development and Curren usage levels of Beef Bend oad and Bull Mountain Road at this location do exceed these limits. Safety and operational impacts to these roadways must, therefore, be analyzed. (The applicant's submittal information has been forwarded to the County Traffic Analyst for review). Please note that im rovement requirements may be identified as a result of the, Traffic Analyst's review and must be acknowledged by the City before Final Approval is granted to the applicant. NOTE: Following the traffic Analyst's review, Conditions associated with Beef Bend Road shall be considered by the County to be mandatory safety improvements. Those associated with Bull Mountain Road shall be subject to the discretion of the City of Tigard. CONDITIONS OF APPROVAL 1. PRIOR TO FINAL APPROVAL BY THE CITY OF TiGARD: A. Obtain and incor orate into the Cit 's Approval Document, conditions for dfF site improvements as identified within the Washington County Traffic Analyst's pending Traffic Staff Report (Engineering Division). NOTICE OF DECISION - "UR BAN SERVICE AREA" PAGE 2 ~ QF28 SUB 1999-00044/VAR 1999-0CM14NAR 1999-000017/SLR 1999-00007 EAGLES VIE'w^JSUL'UIVISION g If improvements are identified within the County Traffic Analyst's forthcoming Traffic Staff Report, proceed with Conditions I.B. through II.A., below. If the Traffic Staff Deport reveals that further improvements are not necessary, Conditions I.B. through II.A will not be applicable. B. Submit to Washington County Land Development Services (Public Assurance Staff, Tracy Stone/Carolyn Cook, 681-3843}: 1. Completed "Design Option" form. 2. $1,200 Administration Deposit. NOTE: Any portion of the Administration Deposit not used b the Washington County for plan approval, field inspections, and contract administration will be returned to the applicant. If at any time during the project, the County's costs are higher than the amount deposited, Washington County will bill the applicant the amount needed to cover its costs. 3. A copy of the City's Land Use Approval with Conditions, signed and dated. 4. Two (2 sets of compiete engineering plans for construction of all improvements identified within the County 1-raffic Analyst's raftic Staff Report (required for compliance with Resolution and Order 86-95). C. Obtain a Washington County Facility Permit upon completion of the fallowing: 1. Obtain Engineering Division plan approval and provide a financial assurance for the construction of all public improvements Identified by the County Traffic Analyst (See Condition I.B.4, above). NtJTE; The Public Assurance staff (Tracy Stone/Carolyn Cook 581-3343) of Land Development Services will send the required forms to the applicant's representative after submittal and approval of items listed under I.B, above. II. PRIOR TO OCCUPANCY OF ANY UNIT IN THE SUBDIVISION: Msndatoc Road improvements associated with Beef Bend Road, as required by the County. Traffic Analyst, shad be completed and accepted by Washington County. NOTE As stated previously, improvements associated with Bull Mountain Road, as identified by the County Traffic Analyst, maybe implemented at the discretion of the City of Tigard. Before the City issues its Final Notice of Decision, please allow the County to review and acknowledge a draft of the City's conditions re arding access to Beef Bond Road. Additionally, please send a copy of the subsequent Final City Notice of Decision and any appeal information to the County. Unified Sewerage Agency (USA) has had the opportunity to review the proposal and offers the following comments: PRIOR TO ANY WORK ON THE SITE AND FLAT RECORDING: An Agency site permit must be acquired. Application for the Agency site permit must include: 1 Detailed grading and erosion control plan. A 1290-C joint erosion control permit will b required. 2. Hydraulic and hydrological analysis of storm conveyance. If downstream storm conveyance does not have the capacity to convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for mitigating the flaw as provided in R&C 96-44 (Unified Sewerage Agency's Design and Construction Standards, July 1996 edition). 3. Detailed plans showing each lot within the development having access to public storm and sanitary sewer. The extension of off-site sanitary sewer may be necessary. 4. Provisions for water quality in accordance with the requirements of the above named Design Standards. An all-weather access shall be provided to the water quality facility. d. Site contains a "Sensitive Area." Developer must preserve a corridor as described in the above R&O separating the sensitive area from the impact of development. The sensitive area and corridor must be set aside in a separate tract and not part of any buildable lot. NOTICE OF DECISION - "URBAN SERVICE AREA" PAGE 25 OF 28 SUB 1999-000041VAR 1999-000014NAR 1999-000017/SLR 1999-00007 EAGLES VIEW SUBDIVISION 6. Detailed plans showing the sensitive area and corridor delineated, along with restoration and enhancement of the corridor per section 3.11.4 of the above R&O. 7. Provide DSL, and Corps of Engineers permits for any work in the wetlands or creek. Include permit number on cover sheet of plans. PRIOR TO SEWER CONNECTION PERMIT ISSUANCE: 8. The above noted improvements must be completed to the Agency's satisfaction. {J-. The as-constructed drawings (as-builts), or a bond guaranteeing the as-builts, shall be submitted and accepted by the Agency. SECTION V11. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The Tiggard Development Code requires that property owners within 56(7 feet of the subject site be notified of the proposal and be given the opportunity to provide written comments prior to a decision being made. Staff received several comments that are summarized below. A summary of the comment or concern is stated in bold and the Staff response to each comment follows. Copies of the letters submitted are in the public record and are available for review at the City. Zoning and Compatibility WitlhExisting Homes: Several people were concerned about compatibility with existing neighborhoods and density. Many people raised issues with the density allowed. They state that the maximum density is not compatible with existing homes. The zoning on bull Mountain was adopted by Washinggton County. This area has been zoned R-6 since at least 1983. In talking with a Staff member at ton County, 20-50 years ago the area did have a much larger lot requirement because the homes were on septic and largger lots were required. Since that time, sanitary sewer has become available to the area and the zone has changed to allow smaller lots. This area is inside the Urban Growth Boundary which means it will be developed at urban densities. The developer is building one lot more than the minimum dens' permitted in the zone. The minimum density requirement is in response to a Metro mandate that cities show how they would accommodate projected growth. Development occurring far below the permitted density was one of the reasons Metro required all Cities to incorporate a Method for providing for projected growth. By developing lots consistent with the density permitted in the zone, it provides a balance of high, medium and low-density developments thus providing housing for a variety of income levels instead of simply law-income and high-income. By accommodating density within the urban boundary, productive farmland and greenspaces are maintained. Trees. reenspace and Natural Resource Areal: Several people were concerned about how the development would impact the natural resource designation on the property. People were concerned about steep terrain. Others were concerned that the developer would be cutting trees within the resource area and adjacent to their subdivision. Several wanted to see all the trees adacent to the Grayy Hawk Subdivision retained. Others were concerned about the lass of wildlife habitat. People were also concerned about development on steep terrain. The developer is proposing to preserve the natural area intact. Only a small number of trees on the pperiphery are to be removed to facilitate development. The degree of protection proposed exceeds the requirements of the Code. School Overcrowding: Many people were concerned that this development (with 123 homes) would add to the overcrowding in schools. While this is an understandable concern, the City can not prohibit development due to school overcrowding without a moratorium being declared. Moratoriums are regulated b state law and must be limited induration for the period of time needed to correct the problem. In addition, state law does not permit requinng developers to pay for increased capacity in schools. In any event, the Scho district provided the applicant with a service provider letter prior to submittal of the application tha, indicates there will be adequate capacity to accommodate new students. NOTICE OF DECISION - „URBAN SERVICE AREA" PAGE 26 OF 28 SUB 1999-000041VAR 1999-000014NAR 1999-000017/SLR 1999-00007 EAGLES VIEW SUBDIVISION Traffic: Many people were concerned about increased traffic on Bull Mountain, Beef Bend and 150th. They were concerned that many portions were not very pedestrian friendly and increases in affc would only rnake the situation worse. One wanted the TIF to be uses to add sidewalks to previously developed properties. Traffic issues are discussed in detail under PUBLIC FACILITY CONCERNS elsewhere in this decision. Parks Several people raised the issue, that no parks were located in the vicinity. They indicated that because the developments going in were at such a high density, parks were needed to mitigate the lack of open space on the lots. Others raised concerns that the area under the BPA line would be a safety hazard if dedicated as a park. The developer of the proposed subdivision is proposing to develop a park area as part of this subdivision. Variances Several people were opposed to the requested variances. Several were concerned that the. variance would result in trespassing into the open space on the rayHawk development. The only lots being requested for a variance are adjacent to the BPA easement line. No other setback variances have been requested. SECTION VIII PROCEDURE AND APPEAL INFORMATItJN Notice: Notice was posted at City Hall and mailed to; The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION 13 FINAL ON SEPTEMBER 2, 1999 AND EFFECTIVE ON SEPTEMBER 17, 1999 UNLESS AN APPEAL IS FILED. A ea ; The Director's Decision is final on the date that it is mailed. Any party with standing as provided in Section 18.390.040.6.1. may appeal this decision in accordance with Section 18.390.040.6.2. of the Tigard Community Development Code which provides that a written appeal together with the required "ee shall be fled with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. NOTICE OF DECISION - "URBAN SERVICE AREA" PAGE 27 OF 28 SUB 1909-00004NAR 1999-000014NAR 1999-0000171SLR 1999-00007 EAGLES VIEW SUBDIVISION p Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AM APPEAL IS 3:30 PM ON SEPTEMBER 16,1999. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639.4171. September 1, 1999 PR ABED BY: Marla J. 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